July 2017 Regulatory Update

NORTH AMERICA NEWS

US State of California OEHHA Issues Notice Regarding Listing Intention for Certain Chemicals

On June 30, 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued notice of intent to add the following chemicals to the Proposition 65 list of chemicals known to the state to cause cancer.

For Proposition 65 chemicals, if the exposure levels and discharges to drinking water sources are below the safe harbor levels (NSRLs and MADLs), the labeling requirement of Proposition 65 will be exempted. In some cases, enforcement actions may have resulted in negotiated exposure levels relative to specific settlement agreements.

US State of California OEHHA Approved to List Glyphosate under Proposition 65

In May 2017, Health Canada revised the policy regarding size requirements for infant sleepwear. These requirements are found in Children’s Sleepwear: Flammability Requirement Guidelines (2016) which is regulated under SOR/2016-169 Children Sleepwear Regulations.

Currently, the guidelines specify that sleepwear designed for infants up to 7 kg with a chest circumference greater than 508 mm, will be subject to the “loose-fitting sleepwear” requirements. The updates to the guidelines will incorporate the following requirements to sleepwear for infants weighing up to 7 kg:

Chest circumference must be less than or equal to 508 mm

Labeling information must bear the intended age grade expressed in months and the age grade must be 9 months or younger

In addition, the updates aim to harmonize the sleepwear size requirements with the U.S. requirements found in 16 CFR 1615. The revised requirements will be incorporated into a new version of the Children’s Sleepwear guidelines, yet to be published.

EUROPE NEWS

REACH – Candidate List Expanded to Include New SVHC

On July 7, 2017, the European Chemicals Agency (ECHA) added 1 new substance of very high concern (SVHC) to the SVHC Candidate List under Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The added chemical can be very persistent and very bioaccumulative (vPvB) properties. This addition brings the SVHC Candidate List total to 174 substances.

On June 13, 2017, Commission Regulation (EU) 2017/1000 was published to add Perfluorooctanoic Acid (PFOA) to Annex XVII List of Restriction under Regulation (EC) No. 1907/2006 (REACH). The effective date of the regulation was July 4, 2017.

In the regulation, usage of PFOA and related substances are restricted and several enforcement dates have been appointed to different parts of the regulation (See Regulatory Recap: November 2016).

The first implementation date for the restriction will be July 4, 2020 and applies to the following:

- PFOA and related substances shall not be manufactured, or placed on the market as substances on their own.

- PFOA and related substances shall not be used in the production of, or placed on the market in a) another substance, as a constituent; b) a mixture, and c) an article, in a concentration equal to or above 25 ppb of PFOA including its salts or 1000 ppb of one or a combination of PFOA-related substances.

Three other parts of the regulation will be enforced on different enforcement dates respectively, with the second one on July 4, 2022, and the last one on July 4, 2032.

There are several exemptions to this regulation, including:

- Perfluorooctane sulfonic acid and its derivatives;

- The manufacture of a substance where this occurs as an unavoidable by-product;

- A substance that is to be used as a transported isolated intermediate, and

4-nonylphenol, branched and linear,
ethoxylated
(substances with a linear and/or
branched alkyl chain with a carbon
number of 9 covalently bound in position
4 to phenol, ethoxylated covering UVCB-
and well-defined substances, polymers
and homologues, which include any of
the individual isomers and/or
combination thereof)

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AUSTRALIA NEWS

Australia Recalls Summary (January to June 2017)

In Australia, when hazards are identified in consumer products, the products will be recalled and published in the Product Safety Australia, which is updated daily. The Australia recalls from January to June 2017 are summarized below:

ASIA NEWS

Singapore Implements RoHS Regulation for EEE Products

On July 1, 2017, the Minister of Environment and Water Resources in Singapore implemented RoHS regulation for controlled electrical and electronic equipment (EEE) that was approved in June 2016 (See Regulatory Recap: September 2016).

Compared to EU RoHS, Singapore RoHS applies to a narrower group of EEE products that are designed for household use. The restricted chemical limits set forth in the amendment act are summarized below:

- Cadmium and its compounds (0.01%)

- Hexavalent chromium (0.1%)

- Lead and its compounds (0.1%)

- Mercury and its compounds (0.1%)

- Polybrominated biphenyls (0.1%)

- Polybrominated diphenyl ethers (0.1%)

Taiwan Implements New Food Contact Materials Labeling Requirements

On April 18, 2016, the Taiwan Ministry of Health and Welfare issued Notice 1041304938 to establish labeling requirements for food utensils, food containers and packaging in addition to Article 26 (8) of the Food Safety and Health Administration Law. The additional requirements were enacted on July 1, 2017.

Food utensils, containers or packaging containing plastic that are intended to come into contact with food shall bear “For repetitive use” or “For single use”, or equivalent

Food utensils, containers or packaging containing polyvinyl chloride (PVC) or polyvinylidene dichloride (PVDC) plastic intended to come into contact with food shall bear “Avoid direct contacting with food with a high fat content at a high temperature” or equivalent